Agenda item

Wind turbine with a maximum tip height of 100m, associated infrastructure to include control building and crane hardstanding.

 

The Service Manager, Planning, introduced the application providing Members with an overview of the issues to be considered. The Service Manager also introduced a minor amendment to the proposed conditions to remove the word “restricted” in condition 23, and replace with the word “terminated”.

 

Charles Baker, trustee of RCAN (the applicant), spoke in favour of the application.

 

Kris Von Wollan, local resident, spoke against the application.

 

RESOLVED to GRANT CONDITIONAL PLANNING PERMISSION:

 

Conditions

 

1.       The development hereby permitted shall begin not later than three years from the date of this decision. Written confirmation of the date when electricity is first exported to the grid from the wind turbine hereby permitted (First Export Date) shall be submitted to the Borough Council within one month of the date of this taking place.

 

2.       This permission shall endure for a period of 25 years from the First Export Date (of electricity to the grid), after which the use shall cease, and the turbine, ancillary structures, crane erection and lay down areas shall be removed from the site, and the land restored in accordance with details to be approved in writing under condition 18 below. The site shall be decommissioned in accordance with the details to be approved under condition 18.

 

3.       The development hereby permitted shall be carried out in accordance with the following approved plans except insofar as may be otherwise required by other conditions of this planning permission: Newstead and Annesley Wind Turbine Environmental Report dated October 2014 received on 14th October 2014; The Planning Statement dated November 2014; The Design and Access Statement received on 14th October 2014; and the GLM Ecology - The Newstead 3 Addendum dated 16th September 2015.

 

4.       Before development hereby approved is first commenced, precise details and elevations of the proposed wind turbine and transformer cabin housing shall be submitted to and approved in writing by the Borough Council. The wind turbine shall be of a 3-blade configuration and not exceed an overall height of 100 metres measured from ground level to the tips of the turbine blades. The blades of the wind turbine shall not have a rotor diameter of more than 77 metres. The hub height of the turbine shall be no more than 61.5 metres measured from ground level to the top of the hub. The transformer cabin shall have the following parameters: No wider than 4.5 metres, no longer than 10.5 metres, and it shall have a ridge height no more than 3 metres. The development shall be implemented in accordance with the written approval.

 

5.       Before the development hereby approved is commenced, and any associated materials transported to the site, a Construction Traffic Management Plan shall be submitted to and approved in writing by the Borough Council. The Plan shall include the following: (i) A comprehensive study of the agreed delivery route to the application site including identification of the route where highway accommodation works will be required including the clearance of any vegetation and removal of street furniture; (ii) A schedule indicating the time for off peak construction deliveries; (iii) Details of measures to be taken to manage and control construction traffic on the agreed construction route and site access to include advance notification signage, abnormal load traffic warning signs and any temporary speed limits/traffic regulation orders; (iv) Details of measures to be taken to manage the proposed hedge and tree cutting including signage. (vi) details specifying how any damage caused by construction traffic to the highway along the agreed route shall be made good. The Construction Traffic Management Plan shall thereafter be implemented as approved prior to any construction works taking place on site and as required during the construction of the development.

 

6.       Before the development hereby approved is commenced, and any associated materials transported to the site, precise details of the hardstanding for construction traffic and details of improvements to the access track for the turbine delivery vehicles shall be provided in accordance with the plans to be first submitted to and approved in writing by the Borough Council. The hardstanding and servicing areas as approved shall thereafter be retained for the life of the development and decommissioned in accordance with details submitted under condition 19 of this approval.

 

7.       Before the development hereby approved is commenced, a habitat management plan to deal compensatory area to be managed specifically for woodlarks shall be submitted to and approved in writing by the Borough Council (as indicated in the GLM Ecology Addendum 3). The schedule shall contain the precise location of the mitigation area outside of the 50 metre buffer zone of the blade overhang, details of the works to be undertaken and a timescale for the works to be carried out. Ecological site enhancement works shall be completed in accordance with the approved schedule. Mitigation should not compromise features which give the site botanical interest within the Local Wildlife Site boundary.

 

8.       All construction work associated to the installation shall be undertaken outside of the bird-breeding season (March - September inclusive). Should works be carried out during this time, a suitably qualified ecologist shall be on site to survey for nesting birds, with a copy of the survey undertaken and any works required at the site to be submitted to and approved in writing by the Borough Council prior to the commencement of development at the site. Works shall be completed in accordance with the approved details.

 

9.       Prior to the erection of the wind turbine, details of the colour finish of the turbine tower, nacelle and blades shall be submitted to and approved in writing by the Borough Council. Development shall thereafter be carried out in accordance with the approved details.

 

10.     Prior to the erection of the substation, details of the colour and type of materials to be used for the external walls and roof shall be submitted to and approved in writing by the Borough Council. The size of the substation shall be in accordance with the parameters set out in condition 4 above. Development shall thereafter be carried out in accordance with the approved details.

 

11.     Before development hereby approved is first commenced, precise details, including depths of the proposed wind turbine foundations to be constructed shall be submitted to and approved in writing by the Borough Council. The foundations as approved shall thereafter be retained for the life of the development and decommissioned in accordance with details submitted under condition 19 of this approval.

 

12.     All cables within the development site from the turbine to the substation shall be set underground.

 

13.     Prior to the First Export Date, a scheme providing a protocol for the investigation and alleviation of any electro-magnetic interference to terrestrial television caused by the operation of the wind turbine shall be submitted to and approved in writing by the Borough Council. The protocol shall also include full contact details of who to contact in relation to the development should the Borough Council receive a complaint from a local resident within 12 months of the first export date.  The protocol shall provide for the investigation by a qualified independent television engineer of any complaint of interference with television reception at a lawfully occupied dwelling (defined for the purposes of this condition as a building within Use Class C3 and C4 of the Use Classes Order) which lawfully exists or had planning permission at the date of this permission, where such complaint is notified to the developer by the Borough Council within 12 months of the first export date. Where impairment is determined by the qualified television engineer to be attributable to the development, mitigation works shall be carried out in accordance with the protocol which has been approved in writing by the Borough Council

 

14.     The Applicant must notify East Midlands Airport in writing that the wind turbine is in operation. This shall be done within 1 month, of the turbine commencing operation and the Borough Council shall be sent a copy of the notification made to East Midlands Airport.

 

15.     The rating level of noise from the wind turbine (including the application of any tonal penalty) when calculated in accordance with the method described in the guidance document 'ETSU-R-97: The Assessment and Rating of Noise from Wind Farms' shall not exceed 35dBa for daytime and 43dBa for night time at the nearest residential property (Foundry Terrace: Grid Reference easting 452,079 Northing 353,048).

 

16.     Within 28 days from the receipt of a written request from the Borough Council, following a substantiated complaint to it, the wind turbine operator shall, at its expense, employ an independent consultant approved by the Borough Council to assess the level of noise generated by the wind turbine, following the method described in ETSU-R-97 referred to in condition 15.  Within 60 days of appointing the independent consultant, unless agreed otherwise in writing with the LPA, the ETSU-R-97 noise assessment shall be completed and submitted to the Borough Council. Prior to the commencement of the noise measurement and assessment the monitoring locations shall be agreed in writing with the Borough Council.  If wind turbine Noise levels are measured and found to exceed those levels set out in Condition 15 the necessary corrective action should be taken within 30 days to reduce the levels to those set out in condition 15 and further noise assessment carried out to ensure compliance with condition 15. Copies of the results on noise assessments made after remedial action has been taken should also be submitted to the Borough Council.   A complaint shall be considered 'substantiated' where the Borough Council has conducted a preliminary investigation and taken into consideration the data requested as per condition 15 and judged that the complaint warrants further investigation by the operator to demonstrate that the noise limits are not being breached.

 

17.     The wind turbine operator shall continuously log power production, wind speed and wind direction, all in accordance with Guidance Note 1 (d) of ETSU-R-97. These data shall be retained for a period of not less than 24 months. The wind farm operator shall provide this information in the format set out in Guidance Note 1 (e) to the Borough Council on its request, within 14 days of receipt in writing of such a request.

 

18.     If the wind turbine hereby approved ceases to operate for a continuous period of 6 months unless otherwise approved in writing by the Borough Council, a scheme for the decommissioning and removal of the wind turbine and any other ancillary equipment, including a timetable for its removal, shall be submitted to and approved in writing by the Borough Council, within 3 months of the end of the 6 month cessation period. The approved scheme shall thereafter be implemented in accordance with the approved details.

 

19.     Prior to the decommissioning of the site a scheme setting out a programme of works required to undertake decommissioning works, together with details of any access widening required, alteration to junctions, details of the abnormal load routes together with details of how any required off-site traffic management measures along the proposed route of decommissioning traffic, details of how the site shall be restored and landscaped once structures have been removed and a schedule of works required and timescales for undertaking the restoration shall be submitted to and approved in writing by the Borough Council. The site shall be decommissioned in accordance with the approved details.

 

20.     Prior to the first export of electricity a legally binding agreement between Rural Community Action Nottinghamshire (RCAN) and the Friends of Newstead,  who will manage the annual £7.5k annual community fund, shall be submitted to and approved in writing by the Borough Council. Rural Community Action Nottinghamshire shall provide the £7.5k fund annually in line the terms of the legally binding agreement. The agreement shall be adhered to for the life of the development unless otherwise agreed in writing by the Borough Council.

 

21.     Before the development hereby approved is commenced, a reptile mitigation management plan should be submitted to and approved by the Borough Council which meets the criteria for designation as a herptile Local Wildlife Site. The reptile mitigation plan should include details of the habitat to be created and its location. Any reptiles found during the construction and decommissioning of the development should be removed to the receptor area that is suitably fenced to prevent them from re-entering the proposed construction area.

 

22.     Prior to the commencement of the development hereby approved, a scheme setting out a monitoring programme in relation to Bats shall be submitted to and approved in writing by the Local Planning Authority. The monitoring programme shall cover a period of three years from the first export date of electricity to the grid. A minimum of 3 transect surveys per year between April and October including 1 dawn survey shall be carried out. The findings and the results of the surveys, together with any proposed mitigation measures and timescales for carrying out any mitigation shall be submitted as a report to the Local Planning Authority and shall be approved in writing by the Borough Council. The reports shall be submitted within three months of each survey being undertaken. Any further mitigation required shall be carried out in accordance with the approved details in relation to each survey undertaken.

 

23.     Should Newstead and Annesley Country Park cease to operate and access to the open space for the general public be terminated then the wind turbine shall be decommissioned within 6 months of the date of the closure of the Country Park in accordance with details submitted under Condition 19 above.

 

24.     Prior to the first export of electricity the formal approval from NATS with regards to the approved mitigation measures shall be submitted to and approved by the Borough Council in writing. The wind turbine installation shall conform with the mitigation measures approved for the life of the development.

 

25.     The applicant must notify the Ministry of Defence (MOD) the date that construction starts and ends; the maximum height of the equipment and the latitude and longitude of the turbine. Prior to development commencing the Borough Council shall be sent a copy of the notification made to the MOD.

 

26.     Before the development hereby approved is commenced, a plan indicating a 50 metres buffer from the rotor swept area, showing the extent of tree and shrub removal required (calculated with reference to Natural England's Technical Information Note TIN051 and taking into account of the adjacent topography) shall be submitted to and approved in writing by the Borough Council. The 50 metre buffer zone shall be provided in accordance with the approved details before the first generation of electricity from the wind turbine. Once approved the trees and shrubs within this area shall be stump treated (to prevent re-growth) and the area shall maintained as grassland for the life of the development.

 

27.     The development hereby permitted shall be carried out in accordance with the mitigation measures outlined in sections 1.78 and 1.80 of the GLM Ecological Assessment dated 2014 with regards to the protection of badgers, reptiles and amphibians.

 

Reasons

 

1.       In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.       This is a temporary permission and condition 2 is attached for the avoidance of doubt.

 

3.       For the avoidance of doubt.

 

4.       To ensure a satisfactory development in accordance with the aims of of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

5.       In the interests of highway safety

 

6.       For the avoidance of doubt.

 

7.       To ensure the provision of ecological enhancements to enhance biodiversity, in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

8.       In order to safeguard the local bird population in accordance with the requirements of Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

9.       To ensure a satisfactory development in accordance with the aims of of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

10.     To ensure a satisfactory development in accordance with the aims of of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

11.     To ensure that the precise details of the turbine are defined in order for the Borough Council to control the nature of the development in accordance with the aims of of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

12.     To safeguard the appearance of the site in accordance with the aims of of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

13.     To ensure that any adverse impacts on terrestrial television reception in the area is appropriately mitigated.

 

14.     To ensure that East Midlands Airport are advised that the turbine has commenced operation

 

15.     In order to safeguard the aural amenity of the site and neighbouring residential properties in accordance with the guidance contained within EN-3, paragraph 2.7.6.

 

16.     In order to safeguard the aural amenity of the site and neighbouring residential properties in accordance with the guidance contained within EN-3, paragraph 2.7.6.

 

17.     To enable the Borough Council to monitor noise impacts and to monitor against condition 18.

 

18.     To ensure that the site is decommissioned appropriately should the turbine cease to operate for a continuous period of 6 months.

 

19.     To ensure that when the site ceases operation at the time stated within condition 2 above that decommissioning works take place in an appropriate manner and that the site is restored to a suitable condition.

 

20.     In order to secure the financial public benefit of the scheme with the relevant stakeholders in the community.

 

21.     To ensure the provision of ecological enhancements to enhance biodiversity, in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

22.     To ensure the provision of ecological enhancements to enhance biodiversity, in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

23.     To ensure the site is decommissioned appropriately should the Country Park cease to operate for the benefit of the local community.

 

24.     In order to safeguard potential impacts on air traffic in the local area.

 

25.     In order to ensure the MOD have received the requested information relating to the development.

 

26.     To ensure there is no adverse impacts on the local bat population as a result of the wind turbine in line with paragraph 118 of the National Planning Policy Framework (March 2012).

 

27.     To ensure there is no adverse impacts on the local wildlife populations, in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

Reasons for Decision

 

Paragraph 98 of the NPPF advises that when determining planning applications for renewable energy schemes, local planning authorities should approve the application if its impacts are, or can be made acceptable. In the opinion of the Borough Council it has been demonstrated that the impacts of the proposal are acceptable.

 

Notes to Applicant

 

For the purpose of good public relations you are advised that it would be beneficial if a letter drop was undertaken to residents of Tilford Road asking that they park on one side of the carriageway on the date of the abnormal load to ensure adequate passage. You are advised to contact the Highway Authority Network Coordination Officer with regards to the abnormal load to check for road closures and road works.

 

In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of paragraphs 186-187 of the NPPF. This included seeking additional information in order to assess the application and its impacts. Further information was sought with regards to mitigation measures required given the Local Wildlife designation of the application site and the requirements of NATS with regards to air traffic.

 

There is an international civil aviation requirement for all structures of 300 feet (91.4 metres) or more to be charted on aeronautical charts. In the interests of Aviation safety, the Civil Aviation Authority requests that any feature/structure 70 feet in height, or greater, above ground level is notified to the Defence Geographic, including location(s) height(s) and lighting status of the feature/structure, the estimated and actual dates of construction and the maximum height of any construction equipment to be used, at least 6 weeks prior to the start of construction to allow for the appropriate notification to the relevant aviation communities.